Terms and conditions of the service

Conditions of Use and Contracting Blue Banana Brand SL

Last update: 27 October 2022

Acceptance

This website contains an online store of the entity BLUE BANANA, which is available to any user who wishes to use it for the consumption of the products offered therein, through their account, commercial relations that will be governed by the following Terms and Conditions:

These Conditions of Use and Contracting (hereinafter CUC), as well as our Privacy Policy and Cookies Policy, are accepted by the user by the mere use of the web and/or the contracting of any of the products and/or services contained therein.

BLUE BANANA reserves the right to modify all or part of these clauses, being the provisions that are in force at every moment those that will bind the user both in the use of the website and in the purchases made on them.

In this way, the user undertakes not to use the website for any illegitimate purpose or that contravenes any regulations that may be applicable.

Without prejudice to the provisions of the Privacy Policy, the user is informed that the electronic documents related to the formalization of transactions are stored by BLUE BANANA for compliance with the legal provisions that are applicable, and may request a copy of the themselves through info@bluebananabrand.com.

Description of the service

When you access our website, the first thing you will see is a black banner where we give you 3 important pieces of information:

• That, at this time, orders with an amount greater than €64 are free. Keep in mind that this is something that we can change or delete, so what is shown on our website will always prevail.
• The icons of the shopping cart, access to your profile and the search logo. Just below that banner you will find a navigation bar from where you can access the different pages that make up our website. At the time of the creation of this document we have these:

• Men
• Women
• Kids
• New Collection
• About us
• Help

As you have surely guessed, if you click on Sweatshirts, Hoodies or T-shirts you will be able to see our catalog of each of these types of products; for example, by clicking on Sweatshirts you can choose between one of our three types of sweatshirts: Banana Edition, Junior or Ethnic. On the Accessories page you can find our selection of caps and socks and we also provide you with a photo of the product accompanied by its description and price. Remember that from time to time we can change our product catalog and/or its price and that these will only be those that are shown on this web page. Although we will try to prevent this from happening, it may happen that, at the time you try to purchase one of the products that we offer, it is out of stock or not available, in which case you will not be able to purchase it, but you can always access the Help section and follow the following steps in our virtual assistant:

1. I want information
2. Within the section what can we help you with? Click on the option "Are you going to replace stock?"
3. To the question have we resolved your question? Answer "No"
4. Fill out the form explaining your case
5. Send it, reading previously and accepting our privacy policy. We will try to answer you as soon as possible and you may be lucky and you can buy that product. If you want to know more about who is behind Blue Banana and its history, from its beginnings to the present, then click on the About Us button.

Finally, if you want to contact us either to obtain information about our products and services or to tell us that something has gone wrong in your process of purchasing, click on the “Help” button. When you enter this page, our assistant will load and will guide you through the different steps to obtain the information you need or resolve your incident. If you continue scrolling down you will be able to see different photos and directly access the catalog of some of our products.

Finally in the footer you will find:

• An information box through which you can subscribe to our newsletter and so we can keep you informed about our promotions, discounts and interesting news about us.
• Links to the legal texts of this website.
• You can find the icons of our social networks.
• You will also be able to see the icons of the payment methods that we accept: American Express, JC, Maestro, MasterCard, PayPal and VISA.

External links

From this website you may be sent to other websites through links. However, BLUE BANANA does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, BLUE BANANA is not responsible for the quality, veracity or accuracy of those sites.

Age

You declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and use the Service in accordance with these CUC, which you fully understand and acknowledge. You declare that all the information provided to access the Service, before and during its use, is true, complete and accurate.

Intellectual and industrial property

The content and information of the Service (among other data, text, sound, image or computer code), as well as the infrastructure used to provide such content and information, is property of BLUE BANANA or has the corresponding authorizations to its use. In addition, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service is prohibited. For any other use of the content of the Service you need our prior written consent.

User Content

You can contribute to the Service in a variety of ways, such as entering contests we run, sending us creative ideas or photos, or making suggestions ("Content").

We may use your Content in a variety of ways, such as: displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting grammatical errors, creating derivative works from it, promoting or distributing it.

Therefore, by sending us Content, you grant BLUE BANANA a worldwide, non-exclusive, free license, until the removal of the content, transferable and sublicensable on that Content. That means that the Content remains yours, but BLUE BANANA, thanks to that license of use, can:

a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display it and display it throughout the world, by any known means and for any legitimate purpose; and b) use the name you submit in connection with that Content.

Validity of the Offer

The products offered at BLUE BANANA, and their prices, will be available for purchase while they are in the catalog of products displayed through the online store. In any case, we, BLUE BANANA, reserve the right to make the modifications we deem appropriate, being able to update our products and services based on the market. The prices that appear on the website are subject to change.

All the prices shown in the catalog include all applicable taxes and fees, but not the shipping costs that the delivery may have, depending on the circumstances of the delivery, such as the place of reception and the method of delivery.

However, the inclusion of all the taxes to be applied may not be fulfilled in the event that the order is made from outside of Spain, in which case, in the payment process, fiscal elements derived from the country of reception in question may be added.

BLUE BANANA reserves the right to change prices without prior notice. However, after receipt of the order confirmation, the prices to be paid for said order will not be affected.

We inform you that despite the updates we make to the prices of the products we offer on this website, they may contain errors. We will promptly correct any errors that appear, but they will not be binding.

Security

As indicated above, the entire purchase and sale procedure, as well as the transmission of your personal and credit card data, are carried out on a secure page and encrypted through the SSL protocol.

Modifications and nullity

We may update these terms and conditions in the future. If any clause included in these CUC is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The CUC will subsist in everything else, having such provision, or the part of it that is affected, as not placed.

Claims and actions arising from the contract

This agreement is governed by Spanish law.

In order to simplify the resolution of claims by the civil way and to reduce costs, we do not exclude the possibility of submitting to an arbitration of fairness of the Court of Arbitration of the Chamber of Commerce, Industry and services of Madrid. In this respect, and according to the applicable regulations, we inform you of the existence of a European platform for the resolution of online litigation that facilitates the extrajudicial resolution of such litigation for contracts also held online between consumers and Internet service providers. This platform can be accessed through the following Web page: Http://ec.europa.eu/odr. However, BLUEBANANA reserves the right to go or not to Arbitration Courts depending on the specific circumstances of the case.

In any case, and notwithstanding the foregoing, for the resolution of conflicts derived from or related to these transactions, the following is established:

a. Consumers and Users: the Courts and Tribunals of the consumer's domicile and/or the place where the fulfillment of the obligation occurs will be competent.

b. Entrepreneurs and Professionals: the Courts and Tribunals of the city of Madrid will be competent.a. Consumers and Users: the Courts and Tribunals of the consumer's domicile and/or the place where the fulfillment of the obligation occurs will be competent.

Customer service

For any clarification, incidence or claim, you can contact us through:

• Email: info@bluebananabrand.com
• Help section of our website.

About our Social Media games

Promotions

Black Friday:

*Gift sweaters are subject to the availability of 200 units and will be delivered only for purchases made on the website on 24 November 2022 between 6 pm and 9 pm CET. The promotion will be provided automatically when the shopping cart includes an item: the customer will be invited to choose the size and add the surprise sweater to the cart (they will not be able to choose the model).

Gift socks are subject to limited availability and will be delivered at the rate of one pair for each purchase of more than €20 between 24 November 2022 (at 7 pm CET on the website and from the time that the physical store opens) and 28 November 2022 (at 11.59 pm CET on the website and from the time that the physical store closes). On the website, the socks promotion will be offered automatically when the shopping cart exceeds €20: the customer will be invited to add their gift to the cart (they can choose the model and size from those available on the page created for this purpose). In a physical store, the customer will be asked about their size and their gift will try to be accommodated, depending on its availability at that time. Classic & Nature models are excluded from the promotion. 

If the option to add a gift item to the shopping cart does not appear on the website (sweater or socks), the promotion will have ended due to a lack of availability or the end date and time.

If the gift item does not appear in the purchase email, the customer will not receive it (because the promotion has ended or the customer has not added it correctly, in which case Blue Banana is not responsible).

The gifts are incompatible with each other (no customer can receive both socks and a sweater) and they cannot be exchanged or redeemed for money. If a customer requests a total or partial refund of their order, they must include the gift item (sweater or socks) in the return package. If they do not do so, the amount of the same will be deducted from the return.

The general conditions of purchase, changes and returns will apply to any order made during the promotion.

Use of promotional codes

• Only the use of a single promotional code per order is allowed, that is, two promotional codes cannot be used in the same purchase.
• Each promotional code can only be used once per user.
• The validity of the promotional codes is limited exclusively to their use on the official website of Blue Banana, unless otherwise indicated in the communication in which they are announced.
• The promotional codes will be valid until the date indicated in the communication in which they are announced (emails, social networks, customer service channels, etc.). If there is no explicit date, Blue Banana reserves the right to cancel any code without prior notice.
• The codes associated with creators will be valid until the relationship with them ends or until they publish a new code; in which case, the new code will start to be active immediately, replacing the old one.
• The general conditions of purchase, changes and returns will apply to any order in which a promotional code has been used.
• The codes will not be redeemable for money.
• Each code will be assigned specific conditions that will apply exclusively to that code and must be duly explained in the communications in which they are announced.

Security measures

We take all necessary technical and organizational measures to protect the security and integrity of personal and non-personal information collected. Both against unauthorized access and accidental alteration, loss or destruction. The sending of data that you carry out through the Service is protected by electronic security techniques on the network such as the SSL protocol. Likewise, the information provided and stored in our databases is also protected by security systems that prevent access to them by unauthorized third parties. We make our best efforts to have the most up-to-date systems for the effectiveness of these security mechanisms. In addition, we store personal and non-personal information for as long as permitted and required by law. What is not needed is periodically destroyed. Despite the foregoing, we cannot guarantee the absolute security of the information collected, so you must collaborate and use common sense at all times about the information shared.

Conditions Gift Card

The card is valid on all products on the web, including shipping costs.

It has no expiration date.

The amount that you do not spend on the first use will be saved for the next purchase.

It admits returns only to the person who buys it and as long as it has not been used.

Changes in the Privacy Policy

BLUE BANANA reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of said modifications, being understood as sufficient with the publication in the website.

These modifications will be applicable to the use of the website from the date of their publication, the previous ones continuing to be binding to those uses and transactions that occurred prior to the introduction of the modifications.

Contact

If you have questions about this Privacy Policy, contact us by sending an email to info@bluebananabrand.com.

Purchase Process

Select your Products

As we want to make it as easy as possible for you to select your product, follow these steps:

1. Click on the image of the desired product or products. Information on each product: We are totally transparent with you. That is why together with each product you will be able to find all the information related to it. Like this:

• Sweatshirt: you will know its price, the available sizes, its composition and care.
• Hoodies: you will know their price, the available sizes, their composition and care.
• T-shirts: you will know their price, the available sizes, their composition and care.
• Caps: you will know its price, design, details, composition and size.
• Socks: you will know their price, available sizes, composition and care.

This information on each garment is accompanied by a brief description of the product.

2. Select your size from among those we have available, currently they are: XS, S, L, M, XL, XXL.

If you don't know exactly what your size is, we help you find out. To do this, simply click on the "Find your size" button. A pop-up window will be displayed where we automatically provide you with our size recommendation through a form. In any case, we also have size guides for all our garments.

This help to select the size is merely indicative, being yours the final decision of the size to choose, without the recommendation implying a guarantee that you are correct in your choice.3. Choose the amount of each product you want to buy.

3. Choose the amount of each product you want to buy.

4. Click the "Add to cart" button. Repeat this process as many times as necessary until you have chosen and added to the cart all the products you want to buy. In the same way, if after choosing a product you finally don't want to buy it, simply click on the cart icon and then on "Delete" the product.

Give us your personal information so we can issue the invoice and send you your products

Once you have finished choosing your products, click on the cart icon and then on the "Finish Order" button. A new screen will appear where you will have to give us your contact information and the necessary information so that we can issue your invoice if you request it:

Contact information: we need you to provide us with a valid email address and a postal address where to send your order. If after completing the purchase process you want to change the delivery address of the order:

1. Head to our Help page.
2. Start our Help wizard.
3. Select the "I have an issue" option.
4. Select "I want to change the delivery address of my order".
5. Fill in the form that we put at your disposal.
6. Hit the Submit button.

If the package has not yet left our warehouse, we can modify it without any problem. If, on the other hand, your order has already left our facilities, we will have to talk to our shipping agency (GLS), so that they can modify it and redirect your order to the new address. Keep in mind that this process may cause your order to be delayed a couple of days.

Billing and payment data:

• Payment methods: We currently accept credit card (visa, maestro, american express, maestro...) PayPal, Shop Pay, Google Pay or Klarna as payment methods. Our transactions are secure and encrypted.
• In partnership with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payments will be made to Klarna:
  Pay in 3 installments
  Pay now
  You can find more information, as well as terms and conditions, here. More general information about Klarna can be found here. Your personal information is treated in accordance with data protection law and in accordance with Klarna's privacy policy.
• Billing address: You have to tell us if the address that we have to reflect on the invoice is the same as where we send the product or a different one. By default, "The same shipping address" will be shown as preselected, but if you want to use a different one you have to click on "Use a different billing address"; A form will be displayed that you will have to fill out. Finally, click on the "Review the order" button to make sure that you have filled in all the fields correctly.

Shipping cost, discount and final price

Shipping Costs:

• Spain (peninsula): Currently if your order is over €64 you will have free standard shipping costs. If the amount is less than or equal to €64, the standard shipping costs (2 to 4 days) will be €3.90. This period may be longer in periods of sales, Black Friday, Christmas or specific promotions. If you choose express shipping, the shipping costs will be €6.90 regardless of the price of your order.
• Europe: For shipments that are not made within the Iberian Peninsula, the shipping price will be calculated at the time of checkout, depending on the shipping destination.
• Discount: If you have a discount for it to be applied, you have to enter it in the corresponding box at checkout, after adding your products to the cart. You can easily identify it because you can read in the field to fill in "Gift card or discount code". After entering it, click the "Use" button and it will be applied automatically, modifying the amount of your order.
• Final price: The final price of your order will be the result of adding the amount of each of the garments, plus the applicable taxes and fees. However, this final price will be modified depending on 2 circumstances: if you have to pay the shipping costs or not and if you have any discount.

Important: The prices of all our products are in euros (€) and include applicable taxes (VAT).

Product delivery

At the time you make the purchase you will receive a confirmation e-mail and we will get to work so that you receive your order as soon as possible. As soon as it leaves our warehouse, GLS will send you an e-mail informing you of the time slot in which your package will be delivered the next day, so you will be informed at all times of its status. The average delivery time is 2 to 4 working days if the place of delivery is inside the Iberian Peninsula*. This period may be longer in periods of sales, Black Friday, Christmas or specific promotions.

If you do not receive your order within this period, please contact us through info@bluebananabrand.com or through our help assistant, which you can find on our Help page, and we will solve it with our shipping agency as soon as possible.

Policy of returns, changes, cancellations and modifications of the order. Right of Withdrawal.

You can cancel your purchase and, therefore, return the products purchased freely within 30 calendar days from receipt of the product. Orders made between 24.11 and 15.12 will have an extended period for returns and exchanges until after Epiphany (January 15).

In order for you to return the products you have purchased, you will have to keep the garments in perfect condition, without having washed or worn them, as well as with their label. Otherwise, your return will not be accepted for reasons of hygiene, health and safety.

Once you apply for the return/withdrawal, you will have a period of 14 calendar days to send BLUE BANANA the product in question, if you do not do so at the same time that you announce the return/withdrawal.

Regarding the costs of returning the garment to BLUE BANANA, in case you do not do it in a physical store, you will not have to pay anything at the time of return.

The refund can be made in several ways, depending on where the purchase was made and what the method of payment was:

*Purchases made in the Online Store you will have to:

1. Go to our Help page.
2. Start our Help wizard.
3. Select the "I have an issue" option.
4. Select "I want a refund".
5. Fill in the form that we put at your disposal.
6. Click the Submit button

Once the product in question has been received and compliance with the indicated requirements has been reviewed, BLUE BANANA will refund the corresponding amount through the same means in which the payment was made, within a maximum period of 14 calendar days.

The amount to be refunded will be that which corresponds to the price of the item being returned.

Any return requested from a country outside the European Union will have to be made at the customer's expense and cost, as it is considered an extraordinary delivery method. This includes transport costs and import taxes from the country of destination (Spain), which must be deposited within 30 days from the date of purchase of the product. Once you have made the payment of both costs and we receive the product in our warehouse in accordance with the conditions set forth above, we will reimburse the outstanding balances.

Regarding the changes, it can be made both in the online store and in the physical store; They will only be made in a physical store as long as there is stock of the garment/accessory for which you want the change.

The changes are free and will only be available for Spain and Portugal. The changes will not be considered withdrawal, which will be governed by what is stated in the previous paragraphs.

In order for you to change the products you have bought, you will have to:

1. Keep the garments in perfect condition, without having been washed or used, as well as with their label.
2. Go to our Help page.
3. Start our Help wizard.
4. Select the "I have an issue" option.
5. Select "I want an exchange for another item".
6. Fill in the form that we put at your disposal.
7. Click the Submit button

Second change policy: In the event of a second change request, €5 must be paid, related to management expenses, unless they are made in a physical store.

Cancellations: If you want to cancel your order, follow these steps:

1. Head to our Help page.
2. Start our Help wizard.
3. Select the "I have an issue" option.
4. Select "I want cancel my order".
5. Fill in the form that we put at your disposal.
6. Click the Submit button. If your order has not yet left our warehouse, we can refund the amount of your order and cancel it.

On the other hand, if your order has already left the warehouse, we will check its status and tell you how to proceed.

Modification of a product or size of my order: If you want to modify a product or a size of your order, follow these steps:

1. Head to our Help page.
2. Start our Help wizard.
3. Select the "I have an issue" option.
4. Select "I want an exchange for another item".
5. Fill in the form that we put at your disposal.
6. Click the Submit button

Both cancellations and modifications may operate as such if the orders have not already left the warehouse; otherwise, you will have the right to operate in accordance with the provisions for withdrawals / returns. In all these situations we will try to solve your incident as quickly as possible. In any case, all the rights that the laws in force guarantee you as a consumer and user are guaranteed.

Information collected automatically

This information will consist of:

• Collected through cookies or similar mechanisms stored on your device, always with your consent. See our Cookies Policy for more information.
• The IP from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, the language, the date, the country, the time of the request, the reference URL or the mobile network used (among others).
• Data on the use of the Service and possible errors detected during its use.
• Data about your physical location through different technologies: GPS signals sent by a mobile device or information about the nearest Wi-Fi access points or mobile phone antennas. In any case, this data is always collected according to the privacy settings of your device.

In addition, BLUE BANANA uses the following services:

• Google Analytics, an analytical service provided by Google, Inc. domiciled in the United States with headquarters at 1600 Amphitheater Parkway, Mountain View, California 94043. For the provision of these services, these use cookies that collect information, including the user's IP address, which will be transmitted, processed and stored by Google in the terms set out on the website www.google.com. Including the possible transmission of said information to third parties for reasons of legal requirement or when said third parties process the information on behalf of Google. In any case, you can disable Google Analytics cookies from here.
• Google Drive, for data storage in the cloud.
• Shopify, a service provided by Shopify Inc, based at c/o Intertrust Ireland, 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.

Information you provide voluntarily

This information will consist of:

• The information, personal or not, that could be contained in the messages sent through the contact channels established in the Service, for example your name, surnames, email or your telephone number. We use Gmail as a service for email management.
• The email you provide to sign up for our newsletter. If you use the email of a third party, you acknowledge that you have their consent to do so.
• The information you provide us when you decide to participate in one of our sweepstakes. We use EASYPROMOS to manage these events.

Information we obtain through other services:

Fundamentally through social networks, such as Instagram or Facebook. We have profiles on the social networks Instagram and Facebook, Bluebabanabrand being responsible for the treatment in relation to the data published on them. These data will be processed according to the social network that allows corporate profiles. In no case will we extract data from social networks, unless the user's consent is expressly and expressly obtained for it. When, due to the very nature of social networks, exercising your rights depends on modifying your profile, we will help and advise you to the best of our ability.